- The Supreme Court ruled that divorced Muslim women are entitled to maintenance under the secular Section 125 of the Code of Criminal Procedure (CrPC).
- The court concurred with amicus curiae that the remedy under Section 125 CrPC cannot be denied to divorced Muslim women despite the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
| Aspect | Section 125 CrPC | Muslim Women (Protection of Rights on Divorce) Act, 1986 |
| Applicability | This applies to all divorced women regardless of faith | This applies specifically to divorced Muslim women |
| Maintenance Period | Mandates monthly maintenance until remarriage | Maintenance provision only during the iddat period |
| Children’s Maintenance | Requires payment until children reach maturity age. | Liability limited to two years from birth |
| Remarriage Clause | Entitled if not remarried | Maintenance stops after the iddat period |
| Court’s Interpretation | Ensure a life of dignity for all divorced women, a secular remedy that cannot be denied | Provide fair and reasonable maintenance during a specified period, It does not extinguish the right to seek maintenance under Section 125 |
| Legal Recourse | Open to divorced women to seek support | Choice given to Muslim women to apply under this Act or Section 125 |
- The table below captures the key differences and judicial interpretations between Section 125 CrPC and the Muslim Women (Protection of Rights on Divorce) Act, 1986, as outlined by the Supreme Court ruling.
Dig Deeper: Read about the Iddat period and recent reforms brought by the government in the Muslim Women Act.
